Buying in a Scottsdale HOA: the disclosure packet, fee caps, and your five-day window

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If you buy a home in one of Scottsdale's many homeowners associations, Arizona law decides what paperwork you get, how fast it must arrive, and what the association can charge for it. In most communities the association has 10 days to deliver a packet that includes the budget, the reserve study if one exists, the last three sets of board minutes, and a summary of pending lawsuits. Arizona law caps the fee for that packet at $400. Most buyers skim it. That packet is where special assessments, violations, and money problems show up before you close.

The short answer Arizona requires an HOA with 50 or more homes to deliver a resale disclosure packet within 10 days after it gets notice of your accepted offer, and caps the disclosure fee at $400 plus limited rush and update fees. Under the standard Arizona REALTORS HOA Addendum, you then have five days after receiving the documents to cancel, even if your inspection period is over. Read the minutes, budget, reserve study, and violation history before that window closes.

What Arizona law requires

• Delivery deadline: Within 10 days after the association receives written notice of the accepted offer, for communities with 50 or more homes. In smaller communities the seller delivers it within 10 days of acceptance (A.R.S. 33-1806 and 33-1260, viewed Oct 28, 2026)
• Disclosure fee cap: Not more than an aggregate of $400 for resale disclosure, lien estoppel, and other transfer services, charged to the seller and collected no earlier than close of escrow (A.R.S. 33-1806(D) and (E))
• Rush and update fees: Up to $100 for rush service within 72 hours, and up to $50 to update a report that is 30 days old or more (A.R.S. 33-1806(D))
• Penalty for overcharging: A civil penalty of not more than $1,200 for an association that charges a fee the statute does not authorize (A.R.S. 33-1806(E))
• Buyer cancellation window: Five days after receiving the HOA documents, even after the inspection period ends, under the Arizona REALTORS HOA Addendum (Arizona REALTORS legal Q and A, updated October 2021)
• Transfer fees: Generally unenforceable if paid to a declarant or third party; allowed when paid to the association for a purpose the document authorizes (A.R.S. 33-442)

What is in the packet

The statute lists what the association must provide. For a planned community, the usual setup for single family neighborhoods in Scottsdale, the packet includes:

• The current bylaws, rules, declaration (the CC&Rs), and the final plat.
• Board approved minutes from the previous three open board meetings.
• A dated statement with the regular assessment and payment schedule, any special assessment already approved or submitted to members within the previous four months, any unpaid lien on the property, any transfer fee authorized in the declaration, and any unresolved violation cited against the property.
• The most recent income and expense statement for operating and reserve accounts, plus the current operating budget.
• The most recent audit, review, or compilation report, and the most recent reserve study if one exists. Reports over ten pages may come as summaries, and you can ask to see the full report.
• A summary of pending lawsuits involving the association, other than routine collection cases against other owners.
• Whether the developer still controls the board, and roughly what share of lots the developer still owns.
• If the home sits in more than one association, a statement that each one has its own disclosure report and fee.

Condominium buyers get the same core items under A.R.S. 33-1260, plus a few extras: insurance certificates showing the association's coverage limits and deductibles, any known material deficiency in the common elements that could lead to a direct repair charge within six months, and whether any corporation or LLC owns and leases 35% or more of the units.

What it means for a Scottsdale buyer

The packet is the closest thing you get to a financial inspection of the community. A home inspection tells you about the roof over your own house. The HOA packet tells you about the roads, walls, gates, landscaping, and pools you will help pay for.

In a master planned community, a home can sit in both a master association and a smaller sub association for a gated enclave or condo building. The statute anticipates this: when a home is in more than one association, each one sends its own report and can charge its own fee. Make sure you receive every packet, not just the first one.

The City of Scottsdale keeps a Community Association Resource page that offers free classes and a monthly newsletter for association boards. It is a useful place to see how the city frames association issues, but the city does not run your HOA. The governing documents and state law do.

How to review the packet

Start with the minutes

Board minutes are where future costs show up first. Look for talk of repaving, wall repairs, pool or clubhouse projects, insurance increases, or a dispute with a contractor. A project discussed in the minutes today can turn into a special assessment after you own the home.

Compare the reserve study to the reserve balance

The reserve study estimates what the association will need to replace big items over time. The financial statement shows what it actually has. A wide gap between the two can mean higher dues or a special assessment later. If the study is only a summary, ask for the full report. The law says the association must provide access within ten days of a written request.

Read the dated statement line by line

Check the regular assessment, any approved special assessment, any unpaid lien, and any open violation cited against the home. If a violation is listed, ask how and when it will be resolved before you close.

Check the rules that affect how you use the home

Read the rules on leasing, architectural review for pools, solar, paint, and landscaping, parking, and guest access. If you plan any change to the home, know the approval process before you buy.

Avoid this mistake

Do not assume your inspection period covers the HOA review. The documents often arrive after the inspection period starts, and the cancellation window under the HOA Addendum runs from the day you receive them. Put that date on your calendar the moment the packet lands. If you miss it, you may lose the ability to cancel over what the packet says.

Know who pays what

The statute caps the disclosure fees and says they are charged to the seller. Other association charges, such as a transfer fee authorized in the declaration, are often split by the contract. Ask your agent and escrow officer to show you each association charge on the estimated settlement statement before you sign.

The honest caveats

• The statutes set minimum disclosures. They do not guarantee the association is well run. The law says the information is based on good faith reliance on association records, without independent investigation.
• The five day cancellation right comes from the Arizona REALTORS contract forms, not the statute. Arizona REALTORS has announced a revised form release for November 2026, so confirm the deadline in the version of the forms in your contract.
• New home sales with a public report are exempt from the resale disclosure rules. Builders follow a different disclosure path.
• Every association is different. Dues, reserves, and rules vary widely from one Scottsdale community to the next, and even between sub associations inside the same master plan.
• This is general information. For questions about your rights under a specific contract or declaration, talk with a real estate attorney.

Frequently asked questions

How long does an Arizona HOA have to deliver resale disclosure documents?

For a planned community or condominium with 50 or more homes, the association must deliver the packet within 10 days after it receives the seller's written notice of the accepted offer. In smaller communities with fewer than 50 homes, the seller delivers the information within 10 days after accepting the offer. That timing comes from A.R.S. 33-1806 for planned communities and A.R.S. 33-1260 for condominiums.

How much can a Scottsdale HOA charge for resale disclosure documents?

Arizona law caps the fee at an aggregate of $400 for resale disclosure, lien estoppel, and other services related to the transfer. The association may add a rush fee of up to $100 for service within 72 hours and an update fee of up to $50 if the seller asks for an update after 30 days or more. The statute says these fees are charged to the seller and collected no earlier than the close of escrow.

Can I cancel a Scottsdale home purchase after reviewing the HOA documents?

Under the Arizona REALTORS HOA Addendum, the buyer has five days after receiving the HOA documents to cancel, even if the inspection period has already ended, according to an Arizona REALTORS legal Q and A updated in October 2021. The exact terms depend on the version of the forms used in your contract. Ask your agent or a real estate attorney to confirm the deadline in your own paperwork.

Are HOA transfer fees legal in Arizona?

A.R.S. 33-442 makes most transfer fees payable to a declarant or other third party unenforceable. It allows a fee paid to the association itself when the fee touches and concerns the land and is used only for the purpose the governing document authorizes. The association's dated disclosure statement must list the amount and purpose of any transfer fee authorized in the declaration.

Do these disclosure rules apply when buying a new home from a builder?

No. A sale in which a public report is issued under A.R.S. 32-2183 or 32-2197.02 is exempt from the resale disclosure statutes, which covers most new home sales from a developer. In that case the buyer receives the public report instead. Read it with the same care, since it explains the association, assessments, and other disclosures for that subdivision.

The bottom line

The HOA packet is one of the most useful documents in a Scottsdale purchase and one of the least read. Arizona law sets the delivery deadline, the contents, and the fee caps. The standard contract forms give you a short window to act on what you find. Read the minutes, the reserve study, and the dated statement first, and put the cancellation deadline on your calendar the day the packet arrives.

Read more: DC Ranch in north Scottsdale: homes, prices, trails, and HOA basics and Phoenix property taxes explained: LPV, the 5% cap, and the November 2 deadline

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Kyle Hermann
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Cheryl Solano
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Art Buck
Associate Broker | Realtor® | CCIM
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Arizona Luxury Partners | Real Estate Group at RE/MAX Fine Properties

Sources

• Arizona Revised Statutes 33-1806, Sale of properties; information required; fees; civil penalty; applicability; definition, viewed October 28, 2026. Link
• Arizona Revised Statutes 33-1260, Sale of units; information required; fees; civil penalty; applicability; definition, viewed October 28, 2026. Link
• Arizona Revised Statutes 33-442, Prohibition on transfer fees; exceptions; definitions, viewed October 28, 2026. Link
• Arizona REALTORS, Cancellation Allowed When Buyer Receives HOA Documents Even Though Inspection Period Expires, updated October 2021; revised form release for November 2026 noted on the same site, viewed October 28, 2026. Link
• City of Scottsdale, Community Association Resource, last updated September 29, 2026. Link

All information provided is deemed reliable but is not guaranteed and should be independently verified. This article is for general information only and is not financial, lending, legal, or tax advice. Arizona Luxury Partners | Real Estate Group at RE/MAX Fine Properties, 21020 N. Pima Road, Scottsdale, AZ 85255. Brokerage License LC629808000. Equal Housing Opportunity.